20051024min.doc

IDAHO PUBLIC UTILITIES COMMISSION

MINUTES OF DECISION MEETING

OCTOBER 24, 2005 – 1:30 P.M.

In attendance were Commissioners Paul Kjellander, Marsha Smith and Dennis Hansen.

Commissioner Kjellander called the meeting to order. The first order of business was approval of the CONSENT AGENDA, items 1 – 5. There was no discussion. Commissioner Kjellander moved for approval of the Consent Agenda. A vote was taken and the motion carried unanimously.

The next order of business was RULEMAKING:

Don Howell’s October 19, 2005 Decision Memorandum re: Proposed Stray Voltage Rules, Docket No. 31-6101-0501.

Mr. Howell reviewed his Decision Memo. Commissioner Kjellander asked if there was originally consensus regarding the specific distance spelled out in Rule 75 before the rules were put out for comments. Mr. Howell replied that there was consensus and the parties had agreed on three-quarters of a mile. He said during the field training, however, Idaho Power suggested that the distance was too great and should be reduced.

Commissioner Smith asked if Idaho Power had suggested the change after the temporary and proposed rules were established. Mr. Howell responded that the three-quarters of a mile distance was originally agreed to as part of the negotiated rulemaking and was included in the proposed rules.

Harry Hall further explained that in drafting the rules, the parties had relied heavily on the Wisconsin and Michigan protocols, which were the source of the three-quarter mile distance. He said during the initial drafting of the rules, Idaho Power had proposed to take out the need for investigating branch lines within that distance and to reduce the distance to one-half mile. He said through quite a bit of negotiating, it was agreed to stick with the three-quarter mile distance. He said in looking at what it would take to measure the data for the three-quarters mile, it was not burdensome.

Commissioner Smith made a motion to adopt the changes proposed on the last two pages of Mr. Howell’s memo, thereby changing the temporary rules in effect now and changing the pending rules. Commissioner Kjellander clarified that the changes included adoption of Idaho Power’s suggested changes to Rules 71 and 74, but did not include the distance change proposed for Rule 75. Commissioner Smith confirmed the motion included only one change to Rule 75 — the elimination of checking all branch lines within the specified distance — and did not include Idaho Power’s proposed reduction of the three-quarter mile distance. A vote was taken on the motion and it carried unanimously.

Commissioner Kjellander thanked everyone for their efforts in the rulemaking process and for their diligence in moving the rules forward.

The only other items on the agenda were under the heading of FULLY SUBMITTED MATTERS and Commissioner Kjellander stated the Commission would deliberate on those items privately. He then adjourned the meeting.

DATED this _______ day of October, 2005.

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COMMISSION SECRETARY

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